Terms and Conditions

Citify Pty Ltd (ACN 615 991 716) (Citify) owns, operates and provides this Website and its related services subject to the following terms and conditions of use of this Website.

By accessing, browsing, or using this Website you agree you have read, understood and agree to be bound by these Terms and Conditions and all applicable law and you acknowledge that this Website is available for your use only on the condition that you agree to be bound to these Terms and Conditions. You should read these Terms and Conditions and the Citify Privacy Policy carefully before using this Website.

Citify reserves the right to revise and update these Terms and Conditions by making any changes immediately without notifying you except by publishing the amended Terms and Conditions on our Website. We may revise these terms from time to time. The revised terms will take effect when they are posted on the Website and your continued usage of this Website after any changes to these Terms and Conditions will mean you accept those changes.

In these Terms of Conditions:

• “Citify,” “us”, “we”, and “our” means Citify Pty Ltd, its director/s, employees and agents, its subsidiaries, its holding companies or subsidiaries of such holding companies;
• “Website” means Citify’s website (www.citify.com.au);
• “You” and “your” refers to anyone who visits and/or uses this Website, accepts these Terms and Conditions; and
• “Website Materials” means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.

PRIVACY

We have adopted a Privacy Policy that you should refer to fully understand how we collect and use your information in accordance with the principles of the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You can access the Citify Privacy Policy here [insert hyperlink].

COPYRIGHT

Images posted on this Website are either the exclusive property of Citify or are used herein with the express permission of the lawful owner. Unless otherwise noted, all content included on this Website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of Citify or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws. The compilation of this Website is the exclusive property of Citify and is protected by Australian and international copyright laws. Any unauthorised use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Website can be made only with the prior written and express authorisation of Citify. For further information on how you may obtain the authorisation to use any materials or content on this Website, please contact Citify by using the contact details provided in these Terms and Conditions. Please note that Citify reserves all of its rights in this regard.

TRADEMARKS

All trademarks, trade dress and service marks (whether registered or unregistered) and their respective designs and/or logos on this Website are the exclusive trademarks and/or registered trademarks of Citify. The trademarks, trade dress and service marks of Citify may not be copied, imitated or used, in whole or in part, without prior written permission of Citify. All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Citify, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Citify. All other trademarks, registered trademarks, product names and company names or logos used on this Website are the property of their respective owners and have been licensed by Citify for the use of Citify only. You may not use any trademarks, trade dress, service marks or intellectual property of Citify or its related companies, nor may you place any Meta tags or any other "hidden text" utilising the name of Citify or its related companies, trademarks, or product names without our clear express written consent.

LICENSE AND SITE ACCESS

We grant you a limited license to make personal use only of the Website for consideration. Such grant does not include, without limitation: (a) any resale or commercial use of this Website or any of the contents of this Website; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website and any of the contents of the Website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or to collect any information from the Website or any other user of the Website.

You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

HYPERLINKS

You may provide a hyperlink to this Website on another website, provided you have received prior written permission from Citify.

Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense and Citify accepts absolutely no responsibility and makes no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third party websites.

YOUR ACCOUNT

If you use this Website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Website, you agree that any information you provide to us will be current, accurate and complete. Citify will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Citify or another party due to the unauthorised use of your account and/or password either with or without your knowledge. You agree to notify Citify immediately of any unauthorised use of your account and/or password(s), or other breach of security.

ELECTRONIC COMMUNICATIONS

From time to time Citify may offer a newsletter, or product or service information updates. By accepting these Terms and Conditions, you consent to Citify using your email address to send you Citify newsletters or product or service information updates (as applicable). Citify may also use your email address to send updates to you from time to time about changes to Citify’s products or services.

If requested by you, Citify will remove you from its mailing list in accordance with the Citify Privacy Policy.

TERMINATION

Notwithstanding any of these terms of use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this website for any reason or no reason. Upon termination, these terms of use will still apply.

MATTER YOU MAY SUBMIT TO THE COMPANY

From time to time Citify may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Citify welcomes your comments regarding our merchandise and services, including our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Citify must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, offensive or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Citify will become, upon your submission, the sole and exclusive property of Citify. Citify shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Website, you are agreeing and you do agree that Citify has the right to use such material in any way, including as outlined above and for promotional and advertising purposes, without compensation of any kind to you. If you choose to send material to us, you are forever assigning all rights in such original creative materials to Citify. By submitting any materials of any kind to Citify, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Citify does not and will not violate or infringe the rights of any third-parties.

Citify has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, Citify reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by Citify necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children.

Citify does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorised company spokespersons, and their views do not necessarily reflect those of Citify.

Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except where otherwise stated in the Citify Privacy Policy. Anything you transmit or post may be used by Citify or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Citify is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

CHILDREN

This Site is designed for and intended for use by adults. If you are under 18, you may use this Website only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Website by children, minors and others under your care. You agree to be responsible for their use of this Website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

www.citify.com.au is the generic URL for the country specific to Citify.

This Website is provided "as is" and Citify excludes all warranties of any kind to the fullest extent permissible by law. Citify does not guarantee the accuracy or completeness of the Website or any information or Website content or that it is free of defects or viruses and we accept no responsibility for viruses and defects.

It may be necessary to interrupt the services provided on Citify’s Website in order to upgrade or maintain them, or for other circumstances beyond Citify’s control. Should Citify need to interrupt the availability of services on Website, Citify will use its reasonable endeavours to minimise any interruption to the services.

Except to the extent that liability may not lawfully be excluded, Citify will not be under any liability to you (or any of your officers, agents or employees) for:

• any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this Website or your use of or reliance upon any of the information, services or materials contained in the Website or provided by the Website to you; or
• any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the Website.
• Any failure by Citify to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.

Further, where the law implies a warranty into these Website Terms and Conditions which may not be lawfully excluded, Citify’s liability for breach of such a warranty shall be limited to $1.00AUD.

You agree that this Website is provided free of charge. Citify shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. Citify may from time to time, publish links to other third party websites on this Website. Contents, hyperlinks or information held on other websites is not the responsibility of Citify. Citify shall not be held liable for any information held on websites which may have links to or from this Website and which are not maintained and controlled by Citify. Citify does not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does Citify warrant that material on other websites does not infringe the intellectual property rights of any other person.

The Website is intended for use within Australia only unless otherwise specified. Citify makes no representation that any product or service referred to on this Website is appropriate for use, or available, outside of Australia. Those who choose to access this Website outside of Australia are responsible for compliance with local laws to the extent that local laws are applicable.

By using this Website, you consent to the Terms and Conditions and disclaimers, as defined by Citify. Citify reserves the right to change these conditions from time to time without giving you prior notice.

Your use of any materials or information provided on this Website is entirely at your own risk. We assume no duty of care to you with respect to this Website.

INDEMNITY

You agree to defend, indemnify and hold harmless Citify, our offices, directors, employees, agents, subcontractors, licensors, suppliers and related parties from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website or your breach of any of these terms and conditions.

APPLICABLE LAW

By accessing, browsing or using this Website, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Citify or its related companies. Regardless of where you access this Website, you agree that any action at law or in equity arising out of or relating to these terms of use shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and Citify or any of its related companies.

ENTIRE AGREEMENT

These terms of use constitute the entire agreement between you and Citify with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of these terms of use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. The rights provided in these terms of use are cumulative and not exclusive of any other rights available in any other instrument or at law. These terms of use are in addition to and are not prejudiced by or merged in any right a party now has or may have. If any of these terms of use are illegal, void or unenforceable, they will be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms of use. Failure to exercise or delay in exercising, any right, power or remedy does not impair or operate as a waiver of any right, power or remedy. No single or partial exercise of any right, power or remedy precludes its further exercise or the exercise of any other rights, powers or remedies. Any waiver is effective only to the extent that it is in writing.

VARIATION

These Terms and Conditions can only be amended or varied by Citify at its own discretion and may not be amended or varied in any other manner.

ASSIGNMENT

Citify may assign or transfer its rights or obligations under these Terms and Conditions at its own discretion.

SEVERANCE

If any part of these Terms and Conditions is prohibited, invalid, unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or effecting the validity or enforceability of that provision in any other jurisdiction.

CONTACT US

If you have any questions or suggestions regarding these Terms and Conditions, please use the Contact Us link on our Website.